STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:GG 430275-RT
:
BARBARA DAVY RENT ADMINISTRATOR'S
(TENANT REPRESENTATIVE) DOCKET NO.:EB 430215-OM
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On July 28, 1992 the above-named petitioner-tenants filed an administrative
appeal against an order issued on July 6, 1992 by the Rent Administrator
(Gertz Plaza, Jamaica, New York) concerning the housing accommodations
known as 101 Saint Mark's Place, New York, New York, various apartments,
wherein the Administrator granted a major capital improvement (MCI) rent
increase for the controlled and stabilized apartments in the subject
premises based on the installation of a boiler/burner at the premises.
The landlord commenced the proceeding below by filing its MCI application
in February 1990.
In response to the application, several tenants filed answers in July 1990
stating that the boiler broke down constantly and did not provide adequate
heat and hot water for the building. Furthermore, the tenants filed a
Statement of Complaint of a Decrease in Building-Wide Services in June 1990
alleging a lack of heat and hot water.
In response to the tenants' objections, the owner contended, in substance,
that the heating and hot water problem that resulted from the new
boiler/burner installation had been rectified and that the tenants'
complaints were no longer valid.
The subject premises was physically inspected on June 23 and 24, 1992
wherein the inspector discovered that the hot water service was adequate.
On July 6, 1992, the Rent Administrator issued the order here under review,
finding that the boiler/burner installation qualified as an MCI,
determining that the application complied with the relevant laws and
regulations based upon the supporting documentation submitted by the owner,
and allowing rent increases for the rent controlled and rent stabilized
tenants.
On appeal, the tenants contend, in substance, that they continue to
experience problems with the boiler/burner as the heat and hot water
service remains inadequate; an inspector should visit the building during
the heating season to inspect the boiler operation; they filed a building-
wide decrease in service complaint in June 1990, but have not been
contacted to date by DHCR about their complaint; they requested a boiler
ADMINI. REVIEW DOCKET NO.: GG 430275-RT
inspection from the Department of Buildings in June 1990, but have not been
contacted to date concerning their request; they also requested an
inspection from the Department of Code Enforcement in April 1991, but have
not been contacted to date concerning their request; and regular heat and
hot water complaints are on file with the New York City Central Complaint
Bureau. In support of their petition, the tenants have submitted several
New York City Department of Housing Preservation and Development (HPD)
Inspection Reports (previously submitted in the proceeding below) several
"Heat Sheet" complaint logs, a letter from the tenants to the Department of
Buildings dated June 27, 1990, a letter from the tenants to the Department
of Code Enforcement dated April 14, 1991, and several HPD certificates of
inspection visits.
The owner did not submit an answer to the tenants' petition.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that this proceeding must be remanded for
further processing.
The record discloses that the owner substantiated its application by the
submission of various supporting documentation, including the contract,
contractor's certification, cancelled checks and requisite government sign-
offs for the boiler/burner installation. Unfortunately, the subject
building was inspected in June 1992 when the heat was not on. Since the
tenants' contention that the boiler/burner does not provide adequate heat
and the existence of "immediately hazardous" conditions were never properly
addressed by the Administrator, the Commissioner deems it necessary to
remand this proceeding for such further processing as may be deemed
necessary which may include, among other things, a physical inspection of
the subject premises during the winter months to ascertain whether the
boiler/burner is providing adequate heating service to the tenants.
The Commissioner notes that the tenants filed a building-wide service
diminution complaint on July 30, 1990 under Docket Number EG 430018-B which
alleged, inter alia, a lack of heat and hot water service. This complaint
is still pending a determination.
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code, the Rent and Eviction Regulations for the City
of New York, and Operational Bulletin 84-1, it is
ORDERED, that the administrative appeal be, and the same hereby is granted
to the extent of remanding this proceeding to the Rent Administrator for
further processing in accordance with this order and opinion. The
automatic stay of so much of the Rent Administrator's order as directed a
retroactive rent increase is hereby continued until a new order is issued
upon remand. However, the Administrator's determination as to a
prospective rent increase is not stayed and shall remain in effect until
the Administrator issues a new order upon remand.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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